California Case Summaries

Labor & Employment Law

Primary practice area

2nd District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

Civil Rights Department v. SpaceX — State Agency May Investigate Whether Out-of-State Conduct Violated FEHA

automatic / September 9, 2026

The Court of Appeal affirmed. At the investigative stage, the agency did not have to prove that every alleged act ultimately fell within FEHA before obtaining information reasonably relevant to that question. SpaceX therefore could not defeat the subpoena simply by characterizing the complaint as extraterritorial.

Ninth Circuit Court of Appeals, Constitutional Law, Labor & Employment Law, Litigation

Nilsen v. University of Washington — Ninth Circuit Refines Arm-of-State Immunity Test

automatic / August 13, 2026

The panel affirmed. Its three factors remain: whether state law created a legally independent entity, whether the state is formally liable for the entity’s debts and judgments, and how much control the state exercises. The Supreme Court’s clarification makes the first factor most important and the control factor least important.

Ninth Circuit Court of Appeals, Labor & Employment Law, Litigation

Combs v. Netflix, Inc. — Ninth Circuit Sets Test for When a Sexual Harassment ‘Dispute Arises’ Under the EFAA, Holding Pre-2022 Internal Complaints Triggered the Clock

automatic / July 8, 2026

In a matter of first impression, the Ninth Circuit held that under the EFAA's timing provision, a "dispute arises" when an employee registers internal disagreement with an employer and the employer expressly or constructively opposes it — not when the employee later files a formal complaint — and that "claims accrue" under standard accrual principles; here both happened before March 3, 2022, so the EFAA did not apply and Netflix's arbitration agreement was enforceable.

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